Ontario College of Teachers v Tabaeini, 2025 ONOCT 43

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS

Citation: Ontario College of Teachers v Tabaeini 2025 ONOCT 43

Date: 2025-07-25

DECISION, REASONS FOR DECISION AND ORDER

IN THE MATTER OF the Ontario College of Teachers Act, 1996 and the Regulation (Ontario Regulation 437/97) thereunder;

AND IN THE MATTER OF a discipline proceeding against

Pouria Tabaeini, a member of the Ontario College of Teachers.

BETWEEN:

ONTARIO COLLEGE OF TEACHERS

– and –

POURIA TABAEINI (REGISTRATION #678037)

PANEL: Anthony Jeethan, OCT, Chair

By order of Justice of the Peace Ellard of the Ontario Court of Justice, there is a publication ban on any information that could identify the victim or a witness in this matter, pursuant to subsection 486.4(1) of the Criminal Code.

1This matter was referred to the Discipline Committee (the “Committee”) of the Ontario College of Teachers (the “College”) under subsection 26(9) of the Ontario College of Teachers Act, 1996 (the “Act”). In accordance with subsection 30.2(8) of the Act and rule 9.03 of the Rules of Procedure of the Discipline Committee and of the Fitness to Practise Committee (the “Rules”), the Committee disposed of the matter without a hearing.

2This proceeding was heard in writing before a single member (with the consent of the parties) of the Committee.

A. PUBLICATION ban

3In Pouria Tabaeini’s (the “Member”) criminal proceeding before the Ontario Court of Justice, an order restricting publication was made pursuant to subsection 486.4(1) of the Criminal Code of Canada by Justice of the Peace Ellard on July 15, 2023. The Committee is required to uphold this publication ban. Accordingly, any information that could identify the victim or a witness involved in this matter shall not be published in any document or broadcast or transmitted in any way.

B. THE ALLEGATIONS

4The allegations against the Member in the Notice of Referral dated April 23, 2025, are as follows:

IT IS ALLEGED that the Member is guilty of professional misconduct as defined in the Act in that:

(a) he contravened a law, the contravention of which is relevant to the member’s suitability to hold a certificate of qualification and registration, contrary to Ontario Regulation 437/97, subsection 1(16);

(b) he engaged in a prescribed sexual act as defined in section 1 of the Act and Ontario Regulation 615/20, subsection 1(3).

C. The evidence

5The Committee was provided with the Registered Member Information for the Member, which indicates that he was a Member of the College at all material times. The Committee also received the following documents:

1. Certified Copy of Court Information;

2. Certified Copy of Adult Probation Order;

3. Certified Transcript of the Proceedings before Honourable Justice J. Hoshizaki on September 27, 2024; and

4. Affidavit of Kelly Reeves, sworn on May 14, 2025.

6Subrule 9.03(4) of the Rules provides that the Committee can accept a certified copy of a Court Information, Indictment or Endorsement, or transcripts of the proceedings at which the criminal conviction or the finding of guilt occurred to be proof that the member has engaged in a prescribed sexual act.

D. DECISION on finding and penalty, and reasons for decision

7Having considered the findings of the criminal court, the Committee finds that the Member engaged in acts of professional misconduct contrary to Ontario Regulation 437/97, subsection 1(16). The Committee further finds that the Member engaged in a prescribed sexual act as defined section 1 of the Act and Ontario Regulation 615/20, subsection 1(3).

8The Member has been found guilty of an offence under the Criminal Code which is relevant to his suitability to hold a certificate of qualification and registration, contrary to subsection 1(16) of Ontario Regulation 437/97. The documents presented by the College establish that on September 27, 2024, in the Ontario Court of Justice, the Member pled guilty to, and was convicted of, one count of sexual assault on Person A, contrary to section 271 of the Criminal Code. The Member did not appeal his conviction or sentence and the time period for an appeal has expired. Members of the teaching profession are responsible for the safety and well-being of individuals under their supervision and care, including staff. Those who engage in criminal behaviour of a sexual nature cast serious doubt on their suitability to remain a member of the teaching profession.

9The Committee also finds that the conduct for which the Member was convicted constitutes a prescribed sexual act as defined section 1 of the Act and Ontario Regulation 615/20, subsection 1(3). Given this finding, section 30.2(1) of the Act provides that the Committee must make an order: (1) requiring that the Member be reprimanded by the Committee; and (2) directing the Registrar to revoke the Member’s certificate of qualification and registration. The Committee notes that it has no discretion regarding making this order. The College does not seek any additional order.

10The Committee makes the following order:

1. The Member to receive a written reprimand, and the fact of the reprimand be recorded on the Register of the Ontario College of Teachers; and

2. The Registrar of the Ontario College of Teachers is directed to immediately revoke the Certificate and Qualification and Registration of the Member.

11The reprimand will be delivered to the Member in writing in accordance with subrule 9.03(8) of the Rules.

12The Committee denounces the Member’s misconduct in the strongest terms.